A.
Purpose. The purpose of the One-Family Residence Districts
is to provide a suitable area for single-family residences and other
uses and facilities that are compatible with single-family neighborhoods
in the Village of West Haverstraw.
B.
Permitted uses. In a One-Family Residence (R-1) District,
no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any use except the following:
(1)
Uses permitted by right:
(a)
One-family detached dwellings not to exceed
one dwelling unit per lot.
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to those requirements applicable to the granting of the special permit set forth in Article XIV, § 250-75 hereof, the Zoning Board of Appeals may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements and conditions for such use are satisfied:
(a)
Places of worship, including parish houses,
private schools (if permitted by this chapter) and philanthropic and
charitable institutions, subject to the following requirements:
(b)
Railroad and public utility rights-of-way and
structures necessary to serve areas within the Village, subject to
such conditions as said Zoning Board of Appeals may impose in order
to protect and promote the health and safety and general welfare of
the community and the character of the neighborhood in which the proposed
structure is to be constructed.
(c)
Agency group homes, subject to a special permit of the Zoning Board of Appeals. In accordance with the purposes of this chapter, as set forth in Article I hereof, and in furtherance of the policy of the State of New York to deinstitutionalize those persons who cannot be cared for in their natural homes by placing them in small, dispersed group homes which are designed to give an outwardly similar appearance to other one-family dwellings, the following regulations shall apply:
[1]
Said home shall be operated or sponsored by
a public social service agency or nonprofit agency authorized by New
York State.
[2]
Said home shall have a maximum occupancy of
six persons, excluding full-time, sleep-in householder(s).
[3]
Said home shall be set up in size, appearance
and structure to bear the general character of a family unit in a
relatively permanent household. As such it shall not permit transients
or transient living.
[4]
Said home shall conform to and shall be maintained
in accordance with the overall character and appearance of the surrounding
neighborhood. No sign that advertises the use or occupancy of said
home shall be erected.
[5]
Said home shall be provided with an outdoor
recreation area, suitably enclosed with a fence. Said area shall be
a minimum of 25 square feet per each occupant of the group home and
shall not be located nearer than 15 feet to any lot line or street
line.
[6]
Any applicant for a special permit for an agency
group home shall submit the following information to the Zoning Board
of Appeals:
[7]
Any change in the nature or type of the operation
of any approved group home shall be subject to a complete new application
for a special permit, in accordance with the same standards and procedures
as required for the original application.
(d)
Nursery schools and day-care centers duly licensed
or authorized by the State of New York and subject to the following:
C.
Accessory uses. Accessory uses shall be as follows:
(1)
Home occupations, provided that:
(b)
Such occupation is incidental to the residential
use of the premises and is carried on in the main building by a resident
thereof with not more than two nonresident assistants.
(c)
Only customary household appliances and equipment
are used.
(d)
Such occupation is carried on in an area not
exceeding 30% of the area of one floor of the main building.
(e)
Such accessory use shall be permitted only in
single-family residences.
(2)
Professional office or studios, including but not
limited to those of an architect, artist, dentist, engineer, lawyer,
musician, teacher or physician, but not including veterinarians, provided
that:
(a)
Such office or studio is incidental to the residential
use of the premises and is carried on by a resident thereof with not
more than two nonresident assistants.
(b)
Such office or studio shall occupy not more
than 50% of the area of one floor of the main building.
(c)
Studios where dancing or music instruction is
offered to groups in excess of four pupils at one time or where concerts
or recitals are held are prohibited.
(d)
Such accessory use shall be permitted only in
single-family residences.
(3)
Swimming pools with a depth in excess of two feet,
incidental to the residential use of the premises and not operated
for gain (which said swimming pools require a building permit), provided
that swimming pools shall be subject to the following requirements:
(a)
An adequate permanent fence or barrier, which
meets the requirements of the New York State Uniform Building and
Fire Prevention Code, shall be erected, maintained and provided with
a self-closing, self-latching gate or door to prevent accidental entry
or unauthorized use of the pool and, particularly, entry by a small
child.
(b)
If located within 10 feet of any property line,
such pool shall be screened from the view of abutting properties,
but shall not be permitted in the front yard.
(4)
Off-street parking, including private garages, provided
that in the case of a one-family dwelling such garage shall have a
capacity of not more than three passenger automobiles.
(6)
Other customary accessory uses, including garden houses,
toolhouses, sheds, playhouses and greenhouses.
(7)
Storage of not more than one unoccupied recreational
vehicle, boat trailer or similar such trailer or boat not exceeding
35 feet in length.
(8)
Temporary structures for the storage of equipment
and machinery used in construction of a permanent use and temporary
sales offices, for a period not to exceed two years, subject to extension
by the Zoning Board of Appeals.
A.
Purpose. The purpose of the One- and Two-Family Residence
(R-3) District is to provide a suitable area for one-and two-family
homes and for other uses and facilities that are compatible with residential
neighborhood development in West Haverstraw.
B.
Permitted uses. In a One- and Two-Family Residence
(R-3) District, no building or premises shall be used and no building
or part of a building shall be erected or altered which is arranged,
intended or designed to be used, in whole or in part, for any uses
except the following:
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to the requirements applicable to the granting of special permits set forth in Article XIV, § 250-75 hereof, the Zoning Board of Appeals may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements for such uses are satisfied:
(a)
Any use permitted by special permit in the One-Family
Residence (R-1 and R-2) Districts.
(b)
Annual membership clubs, upon approval of site plan by the Planning Board in accordance with the provisions of Article XVI hereof, and provided that any such club is incorporated pursuant to the provisions of the membership corporation laws (Not-For-Profit Corporation Law) or the benevolent order laws of the State of New York, catering exclusively to members and their guests, and provided that accessory private playgrounds, swimming pools, tennis courts and recreation buildings are not conducted as business enterprises, and further provided that the following shall be prohibited: outdoor entertainment, live or mechanical; the use of outdoor public-address systems for any purpose; exterior lighting, other than that essential for the safety and conveniences of the users of the premises. No building erected under the provisions of this subsection shall be so erected nearer than 50 feet to any street or property line. Site plan approval pursuant to Article XVI hereof shall be required.
A.
Purpose. The purpose of the Multiple Residence (R-4)
District is to provide for a range of housing types and densities
that are commensurate with the scale and character of various neighborhoods
in the Village of West Haverstraw and to provide for other uses and
facilities that are compatible with residential developments in these
districts.
B.
Permitted uses. In Multiple Residence (R-4) Districts,
no building or premises shall be used and no building or part of a
building shall be erected or altered which is arranged, intended or
designed to be used, in whole or in part, for any purpose except the
following:
(1)
Uses permitted by right:
(a)
Any use permitted by right in One-Family Residence
(R-1 and R-2) Districts.
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to the requirements applicable to the granting of special permits set forth in Article XIV, § 250-75 hereof, the Zoning Board of Appeals may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements for such uses are satisfied:
A.
Purpose. The purpose of the Commercial (C) District
is to provide for intensive retail, office and service uses, along
with related uses, such as parking and loading and other supportive
uses that are appropriate to the central business district of the
Village of West Haverstraw.
B.
Permitted uses. In a Commercial (C) District, no building
or premises shall be used and no building or part of a building shall
be erected or altered which is arranged, intended or designed to be
used, in whole or in part, for any purpose except the following:
(1)
Uses permitted by right:
(a)
One-family detached dwellings, not to exceed
one detached dwelling per lot, but not in a building or structure,
or on a lot, otherwise occupied by a nonresidential commercial use,
subject to site plan approval in the discretion of the Building Inspector.
[Added 7-20-2005 by L.L. No. 2-2005; amended 9-16-2020 by L.L. No. 6-2020]
(b)
Two-family dwellings, not to exceed one detached
dwelling per lot, but not in a building or structure, or on a lot,
otherwise occupied by a nonresidential commercial use, subject to
site plan approval in the discretion of the Building Inspector.
[Added 7-20-2005 by L.L. No. 2-2005;[1]amended 9-20-2006 by L.L. No. 10-2006; 9-16-2020 by L.L. No. 6-2020]
[1]
Editor's Note: This local law also redesignated
former Subsection B(1)(a) through (p) as B(1)(c) through (r), respectively.
(c)
Retail sales.
(d)
Restaurants and drinking establishments, provided
that no drinking establishment may be located within 200 feet of a
place of worship, school or park. Said 200 feet shall be measured
from each corner of the building housing said use to any corner of
a place of worship, school or park.
(e)
Banks with or without drive-in windows.
(f)
Personal service establishments such as but
not limited to barbershops, beauty parlors and tailors.
(g)
Museums, libraries, community centers and art
galleries.
(h)
Business and professional offices.
(i)
Service establishments furnishing services other
than of a personal nature, but excluding gasoline filling stations
and motor vehicle storage, repair or service.
(j)
Outlets and pickup stations for laundries and
cleaning establishments, excluding the washing of wearing apparel
on the premises. However, cleaning or washing of wearing apparel or
household effects on the premises shall be permitted if noncombustible
solvents are used, except for the incidental removal of spots with
a combustible solvent, and washing is done in individual coin-operated
machines.
(k)
Places of worship.
(l)
Public utility structures and rights-of-way.
(m)
Shopping centers.
(n)
Social halls, meeting rooms and convention and
catering facilities.
(o)
Indoor commercial recreational facilities.
(p)
Drive-in restaurants.
(q)
Theaters and cinemas.
(r)
Automotive washing facilities.
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to the requirements applicable to the granting of special permits set forth in Article XIV, § 250-75 hereof, the Zoning Board of Appeals may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements for such uses are satisfied:
(a)
Residential use on the same lot as commercial
use, subject to the following requirements:
[Added 7-20-2005 by L.L. No. 2-2005[2]]
[1]
Mixed commercial and residential use. Up to two separate dwelling
units in the same building as a single commercial use may be permitted
by a special permit of the Zoning Board of Appeals, in the C Zoning
District along Railroad Avenue from Main Street to Samsondale Avenue,
and along the easterly side of Route 9W from Railroad Avenue north
to the southerly boundary of Grace Avenue, provided:
[Amended 10-1-2014 by L.L. No. 5-2014; 2-3-2016 by L.L. No. 2-2016; 12-5-2016 by L.L. No. 9-2016]
[a]
The lot area on which the building
is situated is no less than 5,000 square feet;
[b]
The commercial use shall not extend
above the first floor (street level) of the building, and the residential
portion of the building is accessed by a means that does not pass
through the commercial use;
[c]
The commercial use does not generate
obnoxious odors, or other conditions inconsistent with a residential
use;
[d]
The building meets the NYS Building
and Fire Prevention Code requirements for both the commercial and
residential uses proposed;
[e]
There is adequate off-street parking
to accommodate the residential use, and additional off-street parking
to accommodate the commercial use, as the Planning Board may deem
necessary, taking into account the nature of the commercial use, its
hours of operation, and the parking needs likely to be generated thereby.
[i]
The minimum number of off-street
parking spaces required for both the residential and commercial uses
shall be fixed by the Planning Board as part of the site development
plan review process;
[ii]
There shall be no parking of commercial
vehicles, having a weight in excess of 12,000 pounds, either on the
lot or on the sheet, except when actually engaged in the making of
deliveries or pick-ups for the commercial use;
[2]
Editor's Note: This local law also redesignated
former Subsection B(2)(a) through (f) as B(2)(b) through (g), respectively.
(b)
Gasoline/filling service stations, subject to
the following requirements:
[1]
No such station shall be located closer than
200 feet to a school of general instruction, public recreation area,
church or hospital, measured to the lot lines thereof.
[2]
Curb cuts shall be located a minimum of 100
feet from the intersection of the designated street lines. All accesses
shall be defined by the use of concrete curbing and shall be designed
to provide safe and convenient travel without the potential for backing
vehicles into the public street.
[3]
Pumps, pump islands and canopies are structures
and shall not be located in any required yards or setbacks, except
that the Planning Board may allow canopies to extend into the setback
but not into any yard. No outdoor display of products not associated
with the gasoline service station use shall be permitted.
[4]
Screening. A ten-foot-wide landscaped area shall
be provided along all gasoline service station property lines, excluding
the front line, property lines adjacent to existing commercial uses
and access points. The landscaped area shall be densely planted with
a mixture of shrubs, trees and/or a fence, not less than six feet
high (or as determined by the Zoning Board of Appeals), which will
create an opaque screen. All landscaped areas along property lines
which are crossed by access drives shall be maintained with low shrubs
maintained at a height of two feet and/or trees with a branching habit
which begins at least eight feet above ground level. Furthermore,
no planting shall cause a hazardous condition by interfering with
the normal line of sight (35 feet in either direction) needed for
safe entering and exiting maneuvers by motor vehicles.
[5]
Maintenance and operation. Due to the extent
of land use impacts from such stations which are a product of exterior
operations, the following requirements shall be made and noted on
the site development plan:
[a]
All vehicles at gasoline service
facilities, except for one tow truck, shall be stored within a building
when the facilities are not open for business. However, licensed vehicles
parked for minor repairs may be left outside for a period not to exceed
72 hours. At no time shall any dismantled automobiles, trucks, tractors,
trailers or accessories thereof be outside a building. No car, truck
or trailer rentals shall be permitted.
[b]
There shall not be any outside
storage or display of accessories or portable signs when gasoline
service facilities are not open for business, except that pricing
signs are excluded from this regulation.
[c]
Rubbish, oil cans, tires, discarded
motor vehicle parts and components and any other waste materials may
be temporarily stored in a completely fenced-in opaque enclosure adjacent
to the gasoline service station building. The area of such enclosure
shall not exceed 200 square feet. There shall be no storage at any
time of any of the above-mentioned items outside of such enclosure.
[d]
No repair work may be performed
out of doors. This does not preclude, however, adding oil to motor
vehicles, changing tires or windshield wipers or other similar simple
repairs normally performed in conjunction with the sale of gasoline.
[e]
During the hours that a gasoline
service station is open, all cars of employees and customers and tow
trucks must be parked only in areas designated on the site development
plan.
[f]
All landscaped areas designated
on the gasoline service station site development plan and/or landscaping
plan shall be maintained in a neat and sanitary condition.
[6]
Vehicle sales restricted. The display for sale
of more than two used motor vehicles is prohibited.
[7]
Discontinuance of use. In the event that a gasoline
service station is abandoned, as determined by the Building Inspector/Village
Engineer, the owner, lessee and/or motor fuel supplier of said gasoline
service station shall immediately remove the tanks, gasoline pumps,
all identification signs and lighting poles. In lieu of removing the
tanks, said owner and/or lessee shall remove the flammable liquids
therefrom and fill all tanks with water for a three-month period only
and thereafter with a solid material, or otherwise as provided by
applicable county, state or federal regulations. The owner and/or
lessee shall also provide adequate protection against unlawful entry
into the buildings and onto the property and shall close all vehicular
entrances to the property to prevent the storage of abandoned vehicles
thereon.
(c)
Repair of automobile bodies, subject to the
following requirements:
[1]
All vehicles shall be stored within a building
when the facilities are not open for business. However, licensed vehicles
parked for repairs may be left outside for a period not to exceed
seven days, provided that they are within a designated screened area.
At no time shall any dismantled automobiles, trucks, tractors, trailers
or accessories thereof be outside a building. No car, truck or trailer
rentals shall be permitted.
[2]
Rubbish, oil cans, tires, discarded motor vehicle
parts and components and any other waste materials may be temporarily
stored in a completely fenced-in opaque enclosure adjacent to the
gasoline service station building. The area of such enclosure shall
not exceed 200 square feet. There shall be no storage at any time
of any of the above-mentioned items outside of such enclosure.
[3]
No repair work may be performed out of doors.
[4]
During the hours of operation, all cars of employees
and customers and tow trucks must be parked only in areas designated
on the site development plan.
[5]
All landscaped areas designated on the site
development plan and/or landscaping plan shall be maintained in a
neat and sanitary condition.
(d)
Automobile sales and service agencies for the
sale and servicing of new and used motor vehicles, accessories and
customary accessory uses may be permitted, provided that such agencies
are franchised dealers or factory-owned dealerships of new motor vehicles
and that all operations are conducted from the same site and subject
to the following requirements:
[1]
No such facility shall be closer than 500 feet,
measured along the designated street line, to any residential district
boundary, institutional or nonprofit use or school of general instruction.
Such use may be permitted within 100 feet of a residential district
along a rear lot line.
[2]
Site lighting. A site lighting plan shall be
provided, including all technical specifications for the type and
intensity of lighting proposed, the location and height of all lighting
fixtures, standards, luminaries and facilities, evidence that lighting
will not affect nearby residential properties and the proposed hours
of operation of night lighting.
(e)
Outdoor commercial recreational facilities,
subject to the following requirements:
[1]
Site lighting. A site lighting plan shall be
provided, including all technical specifications for the type and
intensity of lighting proposed, the location and height of all lighting
fixtures, standards, luminaries and facilities, evidence that lighting
will not affect nearby residential properties and proposed hours of
operation of night lighting.
[2]
Noise. Adequate evidence must be furnished by
the applicant demonstrating that noise levels will not be likely to
disturb nearby residential properties. Such evidence must take into
account the nature of the activity, the general demeanor of participants,
the number of participants, the frequency of the activity and time
and day of the proposed activity.
[3]
Waste. A plan must be provided demonstrating
that activity generated waste, such as fertilizer and insecticide
runoff or airborne spray, solid waste and any other by-product of
the activity will be disposed of properly.
[4]
Special consideration. Because the range of
activities permitted as family recreation and the characteristics
and intensity of such use may vary widely, the Zoning Board of Appeals
may impose such additional requirements as may be necessary to provide
adequate protection to adjoining and nearby properties, giving due
consideration to the proposed activity, the proposed location and
the nature of the adjoining community.
(f)
Veterinary hospitals, subject to the following
requirements:
[1]
In considering the application for a special
permit for the accessory use of sheltering animals, the Zoning Board
of Appeals shall consider the number, size, breed and temperament
of animals to be sheltered and shall impose reasonable conditions
to protect proximate uses, aesthetic impact and safety of the animals
sheltered in order to ensure the health, safety and general welfare
of the community.
(g)
Railroad passenger stations and bus stations
shall be permitted as a special permit use, provided that there is
no maintenance, repair or storage of commercial vehicles on the premises
and that adequate off-street parking space for passengers and employees
is provided, and provided that:
[1]
The facility is necessary to serve the surrounding
residential or retail area.
[2]
The facility is so located as to draw a minimum
of vehicular traffic to and through local streets or past an elementary
school, park or playground.
[3]
The facility is located on a major road or on
a secondary road within 500 feet of a major road.
[4]
The parking areas occupy no more than 20% of
the front yard and are not within 20 feet of any residential district
lot line.
(h)
Ministorage facilities, subject to the following requirements:
[Added 12-3-2018 by L.L.
No. 5-2018]
[1]
Interior driveways serving storage areas shall be not less than
30 feet wide if units are located on both sides of the driveway and
not less than 20 feet wide if units are located only on one side.
Concrete curbing shall be installed along all edges of paved areas
that do not abut buildings.
[2]
Office or administrative areas related to the ministorage are
permitted accessory uses as part of the ministorage site. At least
one off-street parking space shall be provided for each 150 gross
square feet of office or administrative area.
[3]
Site fencing and screening shall be provided as required by
the Planning Board. Colors of structures and signs shall be neutral
or earth tones or as otherwise required by the Planning Board.
[4]
Not more than one dwelling and two parking spaces may be provided
for a full-time caretaker or live-in manager.
[5]
All structures shall meet the setback requirements of the zoning
district applicable to the property.
[7]
Retail sales or service may be permitted in a separate freestanding
building no larger than 4,000 square feet. Retail sales shall be limited
to those items supporting the ministorage use, including, for example,
moving pads, cartons, hand trucks, trailer hitches and similar materials.
[8]
The maximum overall height of ministorage facilities shall not
exceed 35 feet.
[9]
There shall be no parking requirements for a ministorage use except as set forth in Subsection B(2)(c)[2] and [4] aforesaid.
(3)
Uses permitted by special permit of the Village Board. In addition to the requirements applicable to the granting of special permits set forth in Article XIV, § 250-75 hereof, the Village Board may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements for such use are satisfied:
[Added 5-17-2017 by L.L.
No. 7-2017]
(a)
Retail sales from temporary tents, canopies and/or membrane structures,
subject to the provisions of as defined New York State Fire Code,
Chapter 31.
[1]
No such tents, canopies and/or membrane structures shall be installed
or used other than for temporary retail sales;
[2]
Such tents, canopies and/or membrane structures shall not be installed
and used for retail sales at or on an approved location for more than
10 consecutive days, or four weekends (Friday through Sunday) in any
six-month period, except in the case of the sale of County-authorized
sparkling devices (and related products sold at the same period),
which may be sold during the periods specified at § 4 of County
Local Law No. 4 of 2015;
[3]
All such tents, canopies and/or membrane structures shall comply,
in all respects, with the provisions of the New York State Fire Code,
including but not limited to Chapter 31 thereof, as may be amended
from time to time;
[4]
The use permitted hereby by special permit of the Village Board shall
not be permitted, except on lots having a minimum area of 40,000 square
feet and a paved parking or other contiguous open paved area of at
least 10,000 square feet in bulk, with sufficient remaining parking
to meet the practical needs of the principal use of the property.
(b)
Outdoor dining. All applications to the Village Board for a
special permit for outside dining shall be accompanied by a proposed
site plan showing the locations of all proposed outdoor facilities
and operations.
[Added 9-2-2020 by L.L.
No. 5-2020]
[1]
All outdoor dining areas shall be accessory to an approved restaurant
having inside dining and beverage service.
[2]
All outside areas shall be protected from vehicular traffic
(including parking) as, in the judgment of the Building Inspector,
is adequate for occupant safety.
[3]
Where tents, canopies or membrane structures are to be used,
such structures shall comply, in all respects, with the NYS Fire Code,
including but not limited to Chapter 31 thereof, as may be amended
from time to time.
[4]
All outdoor dining and beverage facilities shall be subject
to NYS and/or Rockland County Health Department approval and regulations,
if and as required.
[5]
Amplified music may be permitted by separate permit, upon separate
application to the Village Board, but only at premises not adjacent
to a residential use and, further subject, to conditions which ensure
that the sound shall not be audible at a distance of 50 feet from
the property line. Amplified music, where permitted, shall not be
permitted after 11:00 p.m.
[6]
Where the outdoor dining area to be used is not owned by the
applicant/permittee, proof of the owner's consent shall be required.
[7]
The Village Board shall set the lot and bulk regulations (including
parking requirements) applicable to the outdoor dining area at the
time it grants the special permit. The requirements of the Schedule
of Lot and Bulk Regulations, and related parking provisions of this
zoning law, shall not apply.
[8]
Site development plan approval.
(c)
Manufacturing, fabricating and assembling inside a wholly enclosed
building.
[Added 3-17-2021 by L.L.
No. 2-2021]
[1]
The minimum lot area on which manufacturing, fabricating and/or
assembly shall be permitted shall be no less than four acres in area,
consisting of a single commercially zoned tax lot (or on multiple
lots lawfully merged into one all fully within the C Zoning District).
[2]
All manufacturing, fabricating and/or assembly operations shall
take place wholly within an enclosed building.
[3]
No materials of any kind or type used in the manufacturing,
fabricating or assembly operation shall be stored outdoors, or in
storage containers or trailers parked or located outside of the building,
whether such materials are on site as inventory awaiting manufacturing,
fabrication or assembly or are post-fabrication, manufacturing or
assembly awaiting transport off site, including by way of example,
but not limitation, sand, stone, concrete, cement, rebar, steel or
other metal product, or construction debris.
[4]
The building structure housing the use shall be appropriately
located on the site and visually attractive. Building expanses exceeding
100 feet in length shall be broken by architectural features that
enhance the appearance of the wall. The Village Board shall approve
exterior elevations and renderings for aesthetic appeal as part of
the special permit process.
[5]
The operations building shall be constructed and maintained
in a manner such that all noise and ambient odors associated with
the manufacturing, fabricating and assembly processes are strictly
confined within the building structure, and not detectable beyond
a distance of 25 feet from the building. Doors, windows and other
building penetrations, other than ventilation openings, shall remain
closed during manufacturing (etc.) operations.
[6]
Related business office space may be located in the manufacturing
building or in a separate building on the same site; office space
shall be for the principal business only.
[7]
The maximum building height shall not exceed 45 feet.
[8]
Business office parking shall be calculated at one space per
300 square feet of gross floor area; parking for the manufacturing,
fabricating and assembly building/area shall be as set by the Planning
Board as part of the site plan approval process, but shall not less
than 20 spaces.
[9]
All truck parking shall be located inside, or outside at the
rear of, the manufacturing building structure. Employee and visitor
parking may be appropriately located elsewhere on the lot in reference
to the structure or structures.
[10]
Trucks exceeding 8,500 pounds shall not idle on
site more than five minutes, or otherwise per NYS law.
[11]
There shall be a landscape buffer, natural or
installed, along all sides of the site other than in the front yard.
[12]
The special permit shall be subject to site development
plan approval.
C.
Accessory uses. Accessory uses shall be as follows:
[Amended 9-6-2017 by L.L.
No. 8-2017]
(1)
Customary uses incidental to the principal use on the site, including,
but not limited to, off-street parking and loading and signs, that
are accessory to an establishment located on the same, or an immediately
adjacent, lot within the same zoning district, provided that:
(b)
Where a use accessory to a principal use on one lot is to be
located on an immediately adjacent lot (the "accessory lot"), the
consent of the owners of both lots shall be required, which consent
shall be evidenced by a writing, approved by the Village Planning
Board, and recorded against both lots in the office of the Rockland
County Clerk, expressly restricting the use of the accessory lot to
a use accessory to the use on the immediately adjacent lot. Such restriction
shall continue, and not be removed of record, until such time as the
principal use shall be discontinued, or the accessory lot shall no
longer be required for a use accessory to the principal use on the
immediately adjacent lot.
(2)
The use of any lot as an accessory lot shall require site plan approval, pursuant to Article XVI hereof.
(3)
The
accessory uses to one-family and two-family detached dwellings shall
include the same accessory uses as apply in the R-1 and R-2 districts.
[Added 9-16-2020 by L.L. No. 6-2020]
D.
Screening. Any nonresidential use located on a lot
which lies within 25 feet of a residence district boundary shall be
screened along any such lot line, and floodlighting shall be arranged
so there will be no glare of lights toward such district boundary.
Screening shall consist of a type of fencing or a hedge of such type,
height and spacing as may be required by the Planning Board of an
initial height of not less than five feet and adequate to screen all
operations on the lot from the view of properties in the adjoining
residence district.
A.
Purpose. The purpose of the Planned Light Industrial
(PLI) District is to regulate areas for a wide range of light industrial
activity in close proximity to other land uses present in the Village
of West Haverstraw.
B.
Permitted uses. In a Planned Light Industrial District,
no building shall be erected or altered which is arranged, intended
or designed to be used, in whole or in part, for any purpose except
the following:
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to the requirements applicable to the granting of special permits set forth in Article XIV, § 250-75 hereof, the Zoning Board of Appeals may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements for such uses are satisfied:
(a)
Contractors' storage yards, subject to the following
requirements:
[1]
The Zoning Board of Appeals may require that
all building materials, equipment and supplies be located within enclosed
buildings or open sheds.
[2]
Outdoor storage areas, if any, shall be limited
to those specific locations and designated limits approved by the
Zoning Board of Appeals. Such outdoor storage areas shall be heavily
screened and landscaped from all street and lot lines.
[3]
The Zoning Board of Appeals may require conformance
to any requirements recommended by the Fire Department having jurisdiction.
In no case shall the storage of any combustible materials be permitted
within 150 feet of any lot line.
[4]
The Zoning Board of Appeals may require conformance
with any other requirements deemed necessary to prevent a nuisance
to the public or to neighboring properties by reason of dust, noise,
odor or any other matter which the Zoning Board of Appeals concludes
may be associated with the intended use.
(b)
Retail and wholesale sales in conjunction with
a wholesaling or warehousing business..
(c)
Ministorage facilities, subject to the following
requirements:
[1]
Interior driveways serving storage areas shall
be not less than 30 feet wide if units are located on both sides of
the driveway and not less than 20 feet wide if units are located only
on one side. Concrete curbing shall be installed along all edges of
paved areas that do not abut buildings.
[2]
Office or administrative areas related to the
ministorage are permitted accessory uses as part of the ministorage
site. At least one off-street parking space shall be provided for
each 150 gross square feet of office or administrative area.
[3]
Site fencing and screening shall be provided
as required by the Planning Board. Colors of structures and signs
shall be neutral or earth tones or as otherwise required by the Planning
Board.
[4]
Not more than one dwelling and two parking spaces
may be provided for a full-time caretaker or live-in manager.
[5]
All structures shall meet the setback requirements
of the zoning district applicable to the property.
[7]
Retail sales or service may be permitted in
a separate freestanding building no larger than 4,000 square feet.
Retail sales shall be limited to those items supporting the ministorage
use, including, for example, moving pads, cartons, hand trucks, trailer
hitches and similar materials.
[8]
The maximum overall height of ministorage facilities
shall not exceed 35 feet.
[Amended 12-3-2018 by L.L. No. 5-2018]
[9]
There shall be no parking requirements for a ministorage use except as set forth in Subsection B(2)(c)[2] and [4] aforesaid.
C.
Accessory uses. Accessory uses shall be as follows:
D.
Screening. Any nonresidential use located on a lot
within 50 feet of a residence district boundary shall be screened
along any such lot line, and floodlighting shall be arranged so there
will be no glare of lights toward such district boundary. Screening
shall consist of a type of fencing or a hedge of such type and spacing
as may be required by the Planning Board of an initial height of not
less than five feet and adequate ultimately to screen all operations
on the lot from the view of properties in the adjoining residence
district.
[Added 4-20-2016 by L.L.
No. 6-2016]
A.
Purpose. The purpose of the Mixed Use Light Industrial (MLI) District
is to authorize and regulate a wide range of artistic, commercial
uses and light industrial activity within the Garnerville Arts and
Industrial Center, referred to herein as the "Center."
B.
Permitted uses. In the Mixed Use Light Industrial District, no building
shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
(1)
Uses permitted by right:
(a)
Wholesale and distribution business, including wholesale sales,
showroom, and accessory retail sales.
(b)
Storage and warehousing.
(c)
Light Industrial uses, including showroom and accessory wholesale
and retail sales, which light industrial use may include wholesale
bakery or other wholesale food and beverage production, as well as
accessory incidental dining as defined in this chapter.
(d)
Arboretum; conservatory.
(e)
Art center; art gallery, which may include accessory use for
gatherings, social events, fundraisers, and similar activities, provided
that any art center or art gallery with an allowed occupancy of more
than 75 persons shall be required to have a fire alarm system electrically
connected to a remote monitoring station.
(f)
Artist studio, including accessory use for training of apprentices
or students, provided that operations conducted by artisans shall
require a fire inspection prior to occupancy to ensure compliance
with all fire and other applicable safety codes and annual inspection
thereafter, to ensure continued compliance with all applicable fire
and safety codes.
(g)
Exercise studio.
(h)
Canine exercise and care facility, with accessory special event
canine exhibitions.
(i)
Contractor business, including showroom, indoor equipment and
material storage, and accessory wholesale and retail sales.
(j)
Office, including but not limited to professional office, interior
or other designer office with showroom, and general business office.
(k)
Media production facility.
(l)
Specialty food shop/incidental dining.
(m)
Performance space, which may include accessory use for gatherings,
social events, fundraisers, and similar activities, provided that
any performance space with a permitted occupancy of more than 75 persons
shall be required to have a fire alarm system electrically connected
to a remote monitoring station.
(n)
Personal service shops.
(o)
Printing and copying facility.
(p)
Wellness and health facility.
(q)
Education/training/meeting facility.
(r)
Commons.
(s)
Special events and exhibitions, such as the Center's annual
Arts Festival and similar events which may involve coordinated use
of multiple buildings in the Center and which are expected to bring
more than 75 people to one building or space, or 400 people to the
Center at any one time, provided that:
[1]
At least 30 days' advance written notice of each
special event and exhibition shall be provided to the Mayor and Village
Board of Trustees of such special event or exhibition; and
[2]
Provisions are made by the Center and coordinated with the Village to provide for emergency vehicle ingress and egress and special event parking in lieu of any parking required pursuant to Subsection E, including on street parking, off-site parking, and if necessary on-site valet parking, shuttle bus service to off-site parking areas.
(t)
Craft brewery and winery.
(u)
Restaurant.
[Added 4-5-2017 by L.L.
No. 5-2017]
(v)
(Reserved)
(w)
Retail sales.
[Added 5-17-2017 by L.L.
No. 6-2017]
(x)
Catering facilities.
[Added 5-17-2017 by L.L.
No. 6-2017]
(2)
Uses permitted by special permit of the Zoning Board of Appeals. In addition to the requirements applicable to the granting of special permits set forth in Article XIV, § 250-75 hereof, the Zoning Board of Appeals may grant a special permit for any use hereinafter listed, provided that all such uses shall be required to demonstrate that there will be adequate parking on site for all uses currently located on site in addition to the proposed special permit use, as well as compliance with the additional enumerated requirements set forth for such use:
(a)
Contractor's storage. If indoor storage is not reasonably practicable,
a special permit may be issued for a contractor's outdoor storage
yard, subject to the following requirements:
[1]
The Zoning Board of Appeals may require that all
building materials, equipment and supplies be located within open
sheds.
[2]
Outdoor storage areas, if any, shall be limited
to those specific locations and designated limits approved by the
Zoning Board of Appeals. Such outdoor storage areas shall be heavily
screened and landscaped from all street and lot lines and confined
to a reasonably compact space that is appropriate for the types of
materials, equipment or supplies stored outdoors.
[3]
The Zoning Board of Appeals may require conformance
to any requirements recommended by the Fire Department having jurisdiction.
In no case shall the storage of any combustible materials be permitted
within 150 feet of any lot line.
[4]
The Zoning Board of Appeals may require conformance
with any other requirements deemed necessary to prevent a nuisance
to the public or to neighboring properties by reason of dust, noise,
odor or any other matter which the Zoning Board of Appeals concludes
may be associated with the intended use.
(b)
Ministorage facilities, subject to the following requirements:
[1]
Interior driveways serving storage areas shall
be not less than 30 feet wide if units are located on both sides of
the driveway and not less than 20 feet wide if units are located only
on one side. Concrete curbing shall be installed along all edges of
paved areas that do not abut buildings.
[2]
Office or administrative areas related to the ministorage
are permitted accessory uses as part of the ministorage site. At least
one off-street parking space shall be provided for each 150 gross
square feet of office or administrative area, unless the Zoning Board
of Appeals determines that fewer parking spaces are needed.
[3]
Site fencing and screening shall be provided as
required by the Zoning Board of Appeals. Colors of structures and
signs shall be neutral or earth tones or as otherwise required by
the Zoning Board of Appeals.
[4]
Not more than one dwelling and two parking spaces
may be provided for a full-time caretaker or live-in manager.
[5]
All structures shall meet the setback requirements
of the zoning district applicable to the property.
[7]
Retail sales or service may be permitted in a separate
freestanding building no larger than 4,000 square feet. Retail sales
shall be limited to those items supporting the ministorage use, including,
for example, moving pads, cartons, hand trucks, trailer hitches and
similar materials.
[8]
The maximum overall height of ministorage facilities
shall not exceed 24 feet.
[9]
There shall be no parking requirements for a ministorage
use except as set forth in Subsection B(2)(c)[2] and [4] aforesaid.
(3)
Uses permitted by special permit of the Village Board. In addition to the requirements applicable to the granting of special permits set forth in Article XIV, § 250-75, hereof, the Village Board may grant a special permit for any use hereinafter listed, provided that the additional enumerated requirements for such use are satisfied:
[Added 9-2-2020 by L.L.
No. 5-2020]
(a)
Outdoor dining. All applications to the Village Board for a
special permit for outside dining shall be accompanied by a proposed
site plan showing the locations of all proposed outdoor facilities
and operations.
[1]
All outdoor dining areas shall be accessory to
an approved restaurant having inside dining and beverage service.
[2]
All outside areas shall be protected from vehicular
traffic (including parking) as, in the judgment of the Building Inspector,
is adequate for occupant safety.
[3]
Where tents, canopies or membrane structures are
to be used, such structures shall comply, in all respects, with the
NYS Fire Code, including but not limited to Chapter 31 thereof, as
may be amended from time to time.
[4]
All outdoor dining and beverage facilities shall
be subject to NYS and/or Rockland County Health Department approval
and regulations, if and as required.
[5]
Amplified music may be permitted by separate permit,
upon separate application to the Village Board, but only at premises
not adjacent to a residential use and, further subject, to conditions
which ensure that the sound shall not be audible at a distance of
50 feet from the property line. Amplified music, where permitted,
shall not be permitted after 11:00 p.m.
[6]
Where the outdoor dining area to be used is not
owned by the applicant/permittee, proof of the owner's consent shall
be required.
[7]
The Village Board shall set the lot and bulk regulations
(including parking requirements) applicable to the outdoor dining
area at the time it grants the special permit. The requirements of
the Schedule of Lot and Bulk Regulations, and related parking provisions
of this zoning law, shall not apply.
[8]
Site development plan approval.
C.
Accessory uses. Accessory uses shall be as follows:
(1)
In addition to accessory uses specifically authorized, such customary uses incidental to the principal use on the site, including off-street parking and loading and signs that are accessory to an establishment located on the same lot, provided that such signs shall be limited as set forth in § 250-23 hereof.
D.
Screening. Any nonresidential use located on a lot within 50 feet
of a residence district boundary shall be screened along any such
lot line, and floodlighting shall be arranged so there will be no
glare of lights toward such district boundary. Screening shall consist
of a type of fencing or a hedge of such type and spacing as may be
required by the Building Inspector of an initial height of not less
than five feet and adequate ultimately to screen all operations on
the lot from the view of properties in the adjoining residence district.
E.
Parking requirements.
(1)
Concurrent with the adoption of the change in the Zoning Map
to designate the Garnerville Arts and Industrial Center as an MLI
Zoning District, the Village Board shall require a parking plan for
the Center showing all currently available on-site regular and overflow
parking areas, emergency vehicle circulation routes, as well as one
or more areas designated for additional parking to be provided in
one or more future phases. The Center may apply to the Village Board
for a revision to the parking plan at any time.
(2)
The parking spaces as shown on the parking plan shall be all
of the parking required for all uses undertaken in the MLI District.
F.
Lot and bulk controls: All land in the MLI District shall be considered
as a single zoning lot for purposes of bulk standards and for zoning
purposes, divisions into separate tax lots shall be disregarded so
long as all tax lots in the MLI District are maintained in common
ownership. If a tax lot is transferred and held in separate ownership,
then that tax lot shall be considered an individual zoning lot and
shall be required to comply individually with the bulk standards set
forth herein.
(1)
Minimum lot area: 20,000 square feet;
(2)
Minimum lot width: 100 feet;
(3)
Maximum building coverage: 65%;
(4)
Maximum total impervious lot coverage: 80%;
(5)
Maximum building height: 65 feet;
(6)
Maximum number of stories: 6.5;
(7)
Minimum front setback: zero;
(8)
Minimum side setback: 35 feet each and a total for all of at
least 70; parking can be placed within the setback area, but no closer
than 10 feet to any boundary of the MLI District, so long as vegetative
screening is provided between the parking area and the lot line to
screen such parking; and
(9)
Minimum rear setback: 50 feet; parking can be placed within
the setback area, but no closer than 10 feet to any boundary of the
MLI District, so long as vegetative screening is provided between
the parking area and the lot line to screen such parking.
[Added 4-20-2016 by L.L.
No. 6-2016]
A.
Purpose. The purpose of the Open Space Conservation ("OSC") Zoning
District is to provide a passive open space corridor adjacent to the
Minisceongo Creek comprised of lands that had been zoned for development
as PLI.
B.
Permitted uses. In the Open Space Conservation District, no building
shall be erected or altered which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
C.
Accessory uses. Accessory uses, permitted as of right, shall include:
(1)
Limited gravel based, pervious parking areas, not exceeding
10 parking spaces.
D.
Lot and bulk controls. All land in the MLI District shall be considered
as a single zoning lot for purposes of bulk standards and for zoning
purposes, divisions into separate tax lots shall be disregarded so
long as all tax lots in the MLI District are maintained in common
ownership. If a tax lot is transferred and held in separate ownership,
then that tax lot shall be considered an individual zoning lot and
shall be required to comply individually with the bulk standards set
forth herein.
(1)
Minimum lot area: one acre.
The following uses are prohibited in all districts:
A.
Manufacturing uses involving primary production of
the following products from raw materials:
(1)
Asphalt, cement, charcoal and fuel briquettes.
(2)
Chemicals: aniline dyes, ammonia, carbide, caustic
soda, cellulose, chlorine, carbon black and bone black, creosote,
hydrogen and oxygen, industrial alcohol, nitrates (manufactured and
natural) of an explosive nature, potash, plastic materials and synthetic
resins, pyroxylin, rayon yard and hydrochloric, nitric, phosphoric
picric and sulfuric acids.
(3)
Coal, coke and tar products, including gas manufacturing,
explosives, fertilizers and gelatin.
(4)
Linoleum and oilcloth, matches, paint, varnishes and
turpentine.
(5)
Rubber (natural or synthetic), soaps, including fat
rendering, and starch.
B.
The following processes: nitrating of cotton or other
materials; milling or processing of flour, feed or grain; magnesium
foundry; reduction, refining, smelting and alloying of metal or metal
ores; refining secondary aluminum; refining petroleum products, such
as gasoline, kerosene, naphtha and lubricating oil; distillation of
wood or bones; and reduction and processing of wood pulp and fiber,
including paper mill operations.
C.
Operations involving stockyards and slaughterhouses,
grain elevators and slag piles.
D.
Storage of explosives; and bulk or wholesale storage
of gasoline above ground.
E.
Dumps and junkyards.
F.
Facilities for the storage of or the recycling of
toxic wastes or solvents and/or for the reclamation of such hazardous
wastes or solvents as defined by the Official Compilation of Codes,
Rules and Regulations of the State of New York.
G.
Trucking and transportation and heavy construction equipment parking
depots; heavy trucking and tractor trailer repair and storage.
[Added 4-20-2016 by L.L.
No. 6-2016]
No business or person shall construct, establish
or be issued a certificate of occupancy for any adult entertainment
use within the Village of West Haverstraw unless he has applied for
and obtained a special permit from the Zoning Board of Appeals. To
receive such a special permit, the applicant must satisfy the following
criteria:
A.
No more than one of the adult entertainment uses defined in § 250-6 shall be located on any single lot.
B.
No adult entertainment use shall be established or
permitted in any building of which any part is used for residential
purposes.
C.
No adult entertainment use shall be established closer
than 1,000 feet to any lot line of any other adult entertainment use.
D.
No adult entertainment use shall be established closer
than 500 feet to the district line of any residential district, which
shall include any zoning district that permits residential use.
E.
No adult entertainment use shall be established closer
than 500 feet to the lot line of any church, community center, funeral
home, school, day-care center, hospital, alcoholism center or drug
treatment center, counseling or psychiatric treatment facility or
public park, liquor store or post office.
F.
The applicant must meet all other regulations of the
Village of West Haverstraw, including, but not limited to, district
lot and bulk regulations, parking regulations and sign requirements.
For purposes of the parking requirements of this chapter, an "adult
bookstore" shall be deemed "retail sales" and a "massage establishment"
shall be deemed a "personal service establishment."
